High Court · 2025

CIVIL RE VISION PETITION NO:2941 OF 2024 Petition under Articre 227 0f the constitution of rndia,against the order dated 1510412024 passed in r A No 261 or zoi+ in o.s.No 250 oF 2017 on the fire of the court of the Honorabre r senior civir .ruoge, city civit court, at Hyderabad Between YJ.,H',?1,jfl1ffi't i,,% I &,i,fl:1l3l,fyr,Til":%,1 abour 70 years, Occ- AND ...Petitioner/Defendent 1 2 Mrs. Anise Khan. Wo Nawab B^ehbood Ali K*ran. aged about 63 years, Occ_ Housewife R/o 5_e_88. puoiic caiaeiH;;:i;ffi;Hd - 500 001 Mohd. Mehdi Hussain Khan, S/o L_ate Moin yar Jung, aged about 77 vears R/o ptot No 613, Aditya Enctave ntrd'riJ s'3,'JiliiBi,iiirr., Hyderabid ... Respondents/plaintiff IA NO: 1 oF 2024 Petition under Section.lll Cp9 praying that in the circumstances stated in the affidavit fired in support or trre petiiiJn. t'n""u,gil'cor.t may be preased preased to grant stay of all further proceedings in o.s N"o zio oF 2017 on the file of the court of the r senior civir iudge, citv cirir c"'r.tlat uyderabad, pending disposar of the main revision petition, Counsel for the petitioner(s):SRt. NySHADHAM CHANORA SEKHAR Counsel for the Respondents:1 MOHD ISLAMUDDIN ANSARI Counsel for the Respondents:2__ The Court made the following: ORDER )/ -r \i HON'BLE SRTJUSTTCE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION Nos.29 32 an d2941 of2024 COMMONORDER: Civil Revision Petition No.2932 of 2024 is filed challenging the order, dated 15.04.2024, passed by the I Serrior Civil Judge, City Civil Court, Hydcrabad in I.A.No.260 of 2024 in OS'No'750 of 2017 , whereunder petition filed under Section l5 1 CPC praying the Court to reopen the suit for the purpose of cross-examination of P.W-2 was dismissed.

2. Civil Revision Petitior.r No.2941 of 2024 is filed aggrieved by the dismissal of application in I.A.No 26l of 2024 in O.S.No.750 of 2017 by order aatea tS.O+.2024 on the hle of the I Senior Civil Judge, City Civil Court, Hyderabad' Since the issue inr.'olved in both the Civil Revision Petitions

3. is interconnected and the result is interdependent, both the Revision Petitions are heard together and are being disposed of by common order.

4. The revision petitioner hercin is defendant No'2, respondent herein is plaintiff and respondent No.2 herein is defendant No' 1 in the suit before the trial Cour1. 2 LNA, J CRP.Nos.2932 & 2941 o12024 i,t.{ i t :t a:-

5. For convenience, hereinafter the parlies will be refer:red to as they are arra)/ed in the suit. 6. Heard Sri N.Chandra Sekhar, lear.ned corrnseI for the revision petitioner and sri Mohc1. isramuddin Ansari, leamed counsel for respondent No.l. perused the entire mater.ial availabte on recold.

7. The facts of the case, in br.ief, necessary for adjudication of the present Revision petitions is that the praintiff filecr the suit for. perpetual injunction against thc clefendants in rcspect of the suit scheduie propeft),. trial has commc*oed, p.Ws. I and 2 were examined in chief and tl-re case was coming lor cross_examination of P.W-2 on 05.10.2023 ancl on rhe said date, since there was no representation on behalf of defendants, the matter was adjourned to )7.10.2023 trnally on paylnenr of costs; that even on 17.10.2023, there was no represertation on behalf of the derbndants, therefore, the right of the defendants to cross_examine p.W_2 was forfeited; and that thereafter, the matter was posted for defbndants, side evidence on several c{ates, i.e., on 02.1 1.2023, 10.11.2023, 23.11.2023 and 06.12.2023 conditionalty and also on costs, i l I I I I I I I I I i , I ' i , i ' l // ,,., l' 3 LNA, J CRP.Nos.2932 & 2941 of2024 however, the defendants failed to adduce evidence, as such the defendants' side evidence was closed. Thereafter, the defendants filed the present applications. The trial Coufi by orders of even date i.e., 15.04.2024 dismissed both the said applications. Hence, the present Revision Petitions

8. Learned counscl for the petitioner contended that number of documents, i.e., diagnosis repofis, prescriptions, discharge summary u,ere filed, vide SR.No.251512024, dated 01.03.2024, evidencing the ill health of defendant No.2 and his admission to hospital several times, belore the trial Cour1, but without noting of the same, the trial Court erroneously disrnissed the applications on the ground that defendant No.2 cxcept taking the plea of ill health, could not produce any documentary evidence to that effect, which is, in fact, contrary to the record. By contending thus, learned counsel prayed to set aside the impugncd orders, as the same are perverse and contrary to lecord

9. On the other hand, learned counsel for respondent No.1/plaintiff contended that though nurnber of opportunities were given to defendant No.2 to cross-examine No.2, he failed to avail Irl i I i I I I I I I i i I I , , I t I , 4 LNA, J C,liP.Nos.2932 & 2941 of 202a the same and when the suit was posted lbr arguments conditionally, the aforesaid applications were filed only to protract the matter and finally, he contended tliat both the Cii,il Revision Petitions are devoid of nrerits and the sarre are liable to be disrnissed.

10. Petusal of irrpugned order shou,s thal the trial Court obserwed that the plaintiff with an intention to delay the proceedings Itas r.r,aited till the mattcr. is posted conditionally loL. arguments and then came up rvith the aforesaid two applications only to car-rse hardship to plaintiff.

11. It is the specific case of the defendant No.2 that on

01.03.2024. he filed nurnber of medical documents vide SR.No.2515 of 2024 in suppoft ol [.ris contention that he was suffering lroLn ill-health and rvas undcr constant treatment liom 19 .l | .2024. 'fl.re rnedical record in the fbnn of prescriptions, discharge summary, etc., from the years 2021-2024 indicate the health issues faced by defundant No.2 and the treatment being taken by hirn. Hou,ever, it appears that the trial Courl lost sight of the said documents and erroneously came to conclusion that 5 LNA, J CRP.Nos-2932 & 2941 of 2024 defendant No.2 did not produce any medical documents in support of his plea of ill-health.

12. The medical docutnents, in particular, ultrasound whole abdomen repoft, dated i0.09.2023, filed by defendant No'2 show that defendant No.2 was diagnosed with Grade-l prostatomegaly and umbilical hernia. Ilere, it is apposite to note that the suit was posted for cross-examination of P.W-2 of 05.10 2023' Thus, just prior to 05.10.2023, delenclant No.2 rvas diagnosed to be suffering with prostatomegaly and umbilical hernia, probably due to which he was unable to instruct his counsel for cross-examination of P.W-2. Therefore, the trial Court ought to have taken into consideration the said documents while ad.iudicating the aforesaid applications.

13. For the foregoing reasons, this Court is of the considered view that the trial Court erred in dismissing the applications and accordingly, the impugned orders are liable to be set aside'

14. In the result, both the Civil Revision Petitions are allowed and the irnpugned orders, dated t5.04-2024, passed by the I Senior Civil Judge, City Civil Court, Hydelabad in I.A.Nos'260 and 261 \ t l \ 6 LNA, J CRP.Nos.2932 & 2941 of 2024 of 2024 in OS.No.750 of 2017, are hereby set aside and the applications in LA.Nos.260 and 261 of 2024 stands allowed, subject to pa),ment of costs of Rs.5,000/_ (Rupees Five thousand only) pairable to p.W-2 within a period of three lr,eeks from the date of reccipt of a copy of this order. On paylxent of such costs, the trial Court shall fix the date for cross_examination of p.W_2 and defendant No.2 shall not seek fufther time for. cross_ examination of p.W-2 15. Pcnding miscellaneous applications, if any, shall stand closed. No costs. I To, //TRUE COPY// SD/- MOHD. ISMAIL DEPUTY REGISTRAR I SECTION OFFICER I

1. I Senior Civil Judge, City Civil Court, at Hyderabad 2.One CC to SRt. NySHADHAM CHANDRA SEKHAR Advocate tOpUCl 3.One CC to SRT MOHD TSLAMUDDTN ANSART Advocare tOpUCl 4.Two CD Copies Pltf\, NS/gh j i, i i i l i I I , I I t I I I i I I i I I I i I I l i I I i I I I I I I I { I I i : i i ! I ' I i I t I I I I I l i I I i I I I I l j i I i l HIGH COURT DATED:1310312025 ORDER CRP.No.2932 AND 2941 ot Z0Z4 .I H sE r'): B1 LUJ 2025 + a' ircPE9 ' :: ----=--:- / TTIESE CIVI REVISIONPETITION IS ALLOWINC AS INFRASTRUCTURE t ti_r" ql{-{